Legal Opinion

United States v. Henry Albert Smith, United States of America v. Roderick Ashley Smith

Court of Appeals for the Ninth Circuit

Decided November 3, 1977No. 77-2000 and 77-2052PublishedCited by 37 opinions

1Opinion of the Court

DAVID W. WILLIAMS, District Judge.

Appellants were convicted of robbing an Oakland California Post Office on December 15, 1976. 18 U.S.C. § 2114. Roderick Smith complains that there was insufficient evidence to justify his conviction, and that an expert in the field of psychology should have been permitted to testify as to certain scientific principles of perception and memory, as they pertain to eyewitness identification. Henry Smith joins in urging these two issues, and in addition, contends that his trial should have been severed from his co-defendant.

On the date of the offense, a robber…

2Cases cited5 opinions

  1. United States v. Manuel P. AmaralCourt of Appeals for the Ninth Circuit · 1973
  2. United States v. Tommie Louis Brown, United States of America v. Virgil David Swain, United States of America v. Robert Lee NoblesCourt of Appeals for the Ninth Circuit · 1974
  3. United States v. Bernard Richard LeviCourt of Appeals for the Fourth Circuit · 1968
  4. United States v. Stuart Joseph Berlin, United States of America v. Frank Joseph DesapioCourt of Appeals for the Ninth Circuit · 1973
  5. United States v. Edward Wayne BeverleyCourt of Appeals for the Ninth Circuit · 1969

3Cited by37 opinions

  1. People v. McDonaldCalifornia Supreme Court · 1984
  2. United States v. Alexander Danzey and Warren GoreCourt of Appeals for the Second Circuit · 1979
  3. McKinley Brown v. Herman C. Davis, WardenCourt of Appeals for the Sixth Circuit · 1985
  4. State v. CromedySupreme Court of New Jersey · 1999
  5. Foxworth v. St. AmandCourt of Appeals for the First Circuit · 2009

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